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Visas for multinational managers and executives of US companies

Recently on this blog, we've been discussing employment-based visas for so-called "priority workers." EB-1 visas are immigrant visas for people meeting specific criteria. People with EB-1 visas can later adjust their immigration status to that of lawful permanent resident (green card holder).

There are three types of EB-1 visas:

EB-1 (a) Extraordinary ability visas

EB-1 (b) Outstanding professors and researchers

EB-1 (c) Multinational managers and executives

Today, we're discussing the EB-1 (c) visa. This first-preference visa is granted in recognition of the fact that many talented managers and executives work outside the United States for U.S. companies and their affiliates. These valued employees may be needed in the U.S.

The EB-1 visa is for multinational managers and executives who are moving permanently to the U.S. Sometimes, the person in question is already in the country on a temporary basis using an L-1A visa, which is for intracompany transferees who are executives or managers. If you are in that situation, you and your employer can petition to adjust your immigration status from L-1A to EB-1 (c).

In order to qualify for an EB-1 (c) visa, you must:

  • Have been employed outside the U.S. in the three years prior to your petition
  • Have worked as a manger or executive for a U.S. company for at least one year
  • Be seeking to continue working for the same employer or an affiliate or subsidiary of that company

In other words, the company you work for and the one you will be working for in the U.S. must be the same or closely related. Furthermore, your employer must have been doing business in the U.S. for at least a year.

Your sponsoring employer must provide you with a permanent employment offer and file a USCIS Form I-140, "petition for alien worker." A PERM Labor Certification is not required for the EB-1 C visa.

There are approximately 140,000 immigrant visas made available each year for individuals and families to immigrate to the U.S. Approved first-preference (EB-1) visa applicants are awarded visas before lower-preference visa applicants.

If you are an international manager or executive, immigrating to the United States to work for your existing employer is relatively straightforward. You do need to ensure that each step in the visa process is completed correctly and on time. Contact an immigration attorney from Yew Immigration Law Group for assistance with the process. We have years of experience helping people obtain U.S. employment visas.

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